Former President Donald Trump on Thursday asked the U.S. Supreme Court to intervene and block the National Archives from releasing records from January 6. Trump had already lost with a three-judge panel for the D.C. Circuit Court of Appeals and with U.S. District Judge Tanya Chutkan. The three-judge panel's decision left it open for Trump to appeal to the Supreme Court, with Thursday being the deadline.
#Jan6thCommittee Former President Trump has officially asked the Supreme Court to take up an appeal court's ruling that the National Archives must turn over White House Documents to the January 6 Committee via @RobLegare @CBSNews pic.twitter.com/hAkAjFfVlK
— Catherine Herridge (@CBS_Herridge) December 23, 2021
Trump's attorneys followed an emergency petition to halt the records while the Supreme Court considers the underlying questions and whether to give it a full hearing before all the justices. Chief Justice John Roberts, as the justice who handles the emergency application in this instance, could decide on his own whether to grant it or not.
As Harper Neidig highlighted in reporting for The Hill:
"The D.C. Circuit’s opinion endorsed the power of a congressional committee to broadly seek the records of a prior Presidential administration and, as long as the incumbent President agrees to waive executive privilege, gain unfettered access to confidential communications of that administration," Trump's filing reads. "This troubling ruling lacks any meaningful or objective limiting principle. In an increasingly partisan political climate, such records requests will become the norm regardless of what party is in power. Consequently, this Court’s review is critical."
The case has revolved around matters of executive privilege, which Trump has asserted throughout. President Joe Biden had waived executive privilege in releasing the records from the National Archives to the January 6 select committee.
Such a move from Trump was bound to happen. Reports on previous rulings about these records have mentioned that the case was likely to go before the Supreme Court.
Regardless of today’s decision by the the appeals court, this case was always destined for the Supreme Court. President Trump’s duty to defend the Constitution and the Office of the Presidency continues, and he will keep fighting for every American and every future Administration
— Liz Harrington (@realLizUSA) December 9, 2021
Trump's spokesperson, Liz Harrington, had tweeted earlier this month that the case "was always destined for the Supreme Court."